Legal Matters Scotland

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THE LAW
UK government officers accused of negligence in handling Scottish child abduction laws
Government officers in the UK who were charged with examining "flawed" Scottish child abduction laws were encouraging each other to "fail to report back to ministers", according to new files. The loophole has been dubbed a "kidnapper's charter" and arose because of a last minute addition to the Child Abduction Act 1984, which only applied to Scotland. The documents were obtained from National Records of Scotland archives by an Ayrshire father Nathan Gilmour whose young children were 'abducted' by his ex-wife and taken abroad three years ago. He says the officers "negligence" resulted in the laws remaining unchanged under the pre-devolution Conservative government. According to the charity Reunite International, there are upwards of 600 cases of parental child abduction reported each year. Mr Gilmour is being legally assisted by Pauline Barr of Cannons Law Practice in Glasgow and Advocates David Cobb and Ximena Vengoechea.
Scottish parliament could be banned from passing gender recognition laws
The UK Conservative government plans to rewrite equality laws to prevent the Scottish Parliament from passing new gender recognition legislation without consent from Westminster. This would effectively ban Holyrood from unilaterally changing gender laws. The government say they are taking an "evidence-led approach" to toughen protections for biological women's single-sex spaces across the UK. Deputy Scottish Tory leader Meghan Gallacher welcomed the move, stating it "protects women's rights and safeguards single-sex spaces." Gallacher criticised the Scottish government's blocked Gender Recognition Reform Bill as a "reckless gender self-ID bill" that "put the safety of women and girls at risk" by making it easier for trans people to obtain gender recognition certificates without a medical diagnosis, including for 16-year-olds. The Tories argue the plans will ensure "continuity" by guaranteeing individuals only have one legal sex definition across the UK. They say it will not remove existing protections against gender reassignment discrimination in the Equality Act.

 
INDUSTRY
Law firms failing to comply with basic statutory requirements
Writing in The Scotsman, Vicky Crichton, Director of Public Policy at the SLCC, discusses how law firms in Scotland are failing to comply with basic statutory requirements, leading to increased costs for legal services. The Scottish Legal Complaints Commission (SLCC) has found that in around a quarter of its complaint investigations, law firms do not respond to requests for information by the statutory deadline. This failure causes delays and adds significant costs to the complaints system, which are ultimately passed on to clients in fees. Despite efforts to encourage compliance, the figures have remained consistent over recent years. The SLCC is calling for a mindset shift in the legal profession, where dealing with complaints is seen as a basic regulatory requirement.
Number of solicitors going freelance doubles in three years
The number of solicitors going freelance has more than doubled from around 300 in 2021 to 650 in the last three years, according to the Solicitors Regulation Authority. However, freelance solicitors still make up less than 1% of the overall profession. Despite the increase, some solicitors faced challenges in obtaining professional indemnity insurance. Freelancers must have at least three years' experience, appropriate PII, and cannot provide immigration services or claims management. Research shows that male, Black, and British Asian solicitors are more likely to be freelancers. The average age of a freelance solicitor is 51, with many choosing this option for flexibility and independence.


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CASES
Leading lawyer claims gay dating app row wrecked my reputation
Andrew Smith KC, a prominent Scottish lawyer who represented the Lockerbie bomber, has vowed to challenge a ruling by the Faculty of Advocates that found him guilty of professional misconduct. The complaints committee ruled that the 61-year-old had a conflict of interest and compromised professional standards during a bitter legal dispute over the gay dating app Bender. Smith was accused of failing to remain independent while representing two clients against another party involved in launching Bender from 2015-2018. The committee concluded his "serious and reprehensible" failures included repeatedly choosing "to ride two horses when it was professionally seriously inappropriate". Smith now faces potential penalties like fines, censure or disbarment. However, Smith denies any wrongdoing, questioning the competency of the "rushed" ruling that he says has "wrecked" his previously "unblemished" 35-year reputation. He insists the Faculty's own rules allowed him to act for friends, as was the case. Smith alleges the report lacked structure and vows to appeal, stating: "I will not be grovelling and apologising because I don't know what I am supposed to have done wrong."
EMPLOYMENT
Gender pay gap continues to narrow, slowly
The gender pay gap in Britain is closing more slowly than it was, with companies still struggling to promote women to more senior roles. According to PwC, the average male worker earned 11.8% more than the average female last year, down from 12.2% in 2022. The rate of change remains modest, and it will take more than 45 years for the gap to close completely, PwC’s calculations suggest. Six in ten businesses reported an improvement in their gender pay gaps, but most reductions were less than two percentage points. A fifth of companies said their gaps had stayed the same or worsened. PwC's diversity and inclusion consulting director, Katy Bennett, said that while progress is being made, societal barriers and difficulties in reducing reporting figures still exist. The Times’ Tom Howard reminds readers that the gender pay gap does not indicate that men earn more than women for the same job, but rather that more men hold senior, higher-paying positions.
ECONOMY
Tories pledge £600m levelling up fund for 30 UK towns
The Conservatives have pledged to give £20m to 30 towns across the UK, which they claim will "transform" these towns. Scottish locations set to benefit include Perth, Alloa in Clackmannanshire, Mayfield in Midlothian and Helensburgh in Dunbartonshire. The party said the £600m outlay over 10 years would add the towns to its existing long-term plan for towns, increasing the number that will receive financial support to more than 100. However, Labour has said that the funding ring-fenced by the Tories to pay for the investment into towns is the same funding that is being used for their pensions announcement and National Service plan. And Liberal Democrats spokesperson Helen Morgan said the Tories' announcement “isn't fooling anyone”. She said: “Their ‘levelling up' agenda over the last few years has pitted councils against each other and left them begging for scraps, and rural areas often failed to benefit at all."
AND FINALLY...
Respected lawyer Gerard Considine dies at 57
Respected lawyer Gerard Considine, who specialised in criminal defence work, has died at the age of 57. Considine, a former president of the Glasgow Bar Association and sheriff in the city, was highly regarded for his legal skills and dedication to his clients. Considine was also an active member of the Law Society Criminal Law Committee and played a role in developing future lawyers as an external examiner with Strathclyde Law School.
 


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